Partly allowed

Saddiq v. State of Rajasthan through Pp

Rajasthan HC25 Jan 2017CRLR/114/2017

Case brief

AI extract

What is this about?

The High Court allowed the S.B. Criminal Revision Petition, quashing the orders of the Juvenile Justice Board and Sessions Judge. The Court held that Section 15 of the JJ Act mandates a preliminary assessment for a 17-year-old accused, directing remand to the JJB for fresh proceedings.

What did the court decide?

Revision petition allowed; orders of Sessions Judge and JJB quashed; matter remanded to JJB with directions to apply Section 15 of JVCA, 2015.

Saddiq Vs State of Rajasthan through Pp — Writ and Judicial Review | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 114 / 2017

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Saddiq Son of Shri Shafi Mohd., by Caste Muslim,, Aged About 17 Years minor, R/o Village Nahar Magra, Jhak, Police Station Beawar, District Ajmer. (at Present Lodged in Juvenile Home, Ajmer).

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----Petitioner

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Versus

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State of Rajasthan Through P.P.

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----Respondent

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_____________________________________________________ For Petitioner(s) : Mr. G.K. Sharma Public Prosecutor : Mr. Jitendra Shrimali

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HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Order

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25/01/2017

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The present revision petition is preferred against the impugned order dated 03.01.2017 passed by learned Sessions Judge, Ajmer in criminal appeal No. 02/2017 by which learned Court below dismissed the revision petition of petitioner and affirmed the order of learned Juvenile Justice Board, Ajmer dated 24.12.2016 passed in FIR No. 647/2016 registered at Police Station Beawar City, District Ajmer u/s 366 and 376-D IPC.

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Heard.

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Since the age of petitioner is 17 years 11 months, as per Section 15 of Juvenile Justice (Care and Protection of Children) Act, 2015, there should be preliminary assessment by the Board regarding mental and physical capacity of the Juvenile

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(2 of 2)

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[CRLR-114/2017]

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to convict such offence, also to understand the consequences of the offence and the circumstances in which he allegedly committed the offencce.

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Without applying the aforesaid provision, learned Juvenile Justice Board dismissed the application, therefore, this revision petition is allowed and the order of learned Sessions Judge, Ajmer as well as the order of learned Juvenile Justice Board, Ajmer are quashed and set aside and matter is remanded back to learned Juvenile Justice Board, Ajmer with direction that after applying the provision of Section 15 of Juvenile Justice (Care and Protection of Children) Act, 2015 pass fresh order according to law.

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(BANWARI LAL SHARMA)J.

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Simple/151

Saddiq v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Saddiq v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

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